The Gazette | Death in Mata da Praia: MPES returns inquiry and calls for further investigation

For The Gazettethe MPES, through the Vitória Criminal Justice Prosecutor’s Office, said that it forwarded the investigation to the Civil Police and requested that new steps be taken to investigate the facts.

“As a result, and as there was no legal support to maintain the lawyer’s precautionary detention, the MPES requested his release with the fulfillment of precautionary measures, such as handing over all weapons he may have; prohibition on attending shooting clubs; and prohibition of visiting any place where firearms are sold”, declared the Public Ministry.

The MPES understood that it was not necessary to suspend the activity of a lawyer, as there was no relationship between the facts and professional practice. “Thus, the police investigation will continue in progress and, upon completion, it will be forwarded again to the MPES, for analysis and adoption of the appropriate measures”, he informed.

Luis Hormindo will have to comply with precautionary measures defined by the Court, such as appearing at the Forum once a month, not carrying a firearm and not attending shooting clubs.

In conversation with The Gazette, criminal lawyer Rômulo Almeida explained that dismissal is when the delegate withdraws or cancels the indictment because he understands that the evidence of materiality and/or authorship is absent. “In this specific case, the delegate must substantiate in his final report the reason for having reached the conclusion of excluding illegality (self-defense)”, he explains.

“The police investigation is unnecessary for the filing of criminal action. The Public Prosecutor’s Office, after receiving the final report from the delegate, can, from there, request more information, report it anyway or close the case. The MP is not bound by the decision of the delegate”, he contextualizes.

Criminal lawyer Rodrigo Horta highlights that dismissal is a statement made after analyzing the information collected during the indictment, proving the absence of sufficient evidence of the authorship or participation in the crime by the person being investigated.

“The Public Prosecutor’s Office, as a Justice, is not bound by the understanding of the delegate in the conclusion of the police investigation, and the MP may denounce a person who has not been indicted or even request the investigation to be closed due to lack of evidence for the complaint. In this way, the A police investigation is not a condition for criminal action to proceed, but it will accompany the complaint whenever it serves as a basis for it”, points out Horta.

Luis Hormindo is identified as the author of the shot that hit the head of retired Manoel de Oliveira Pepino, aged 73, after a disagreement and exchange of gunfire between the two due to dogs in Mata da Praia, in Vitória, on April 20.

The lawyer had been taken to the Vitória Regional Police Station and charged with murder and committing an act of abuse against a dog, as the animal was also shot. The day after the crime, he underwent a custody hearing and the court converted his arrest into preventive custody. He was then transferred to Medium Security Penitentiary 1.

In a note sent on Monday night (6), the Civil Police reported that the police investigation (IP), chaired by the Specialized Homicide and Personal Protection Division (DHPP) of Vitória, was concluded and reported to the State Public Ministry ( MPES). He also said that other information will be passed on in due course and that information related to the individual’s release must be requested from the MPES and the Judiciary.

This Tuesday (7), the Civil Police informed that it will hold a press conference, at 2:30 pm, to talk about the conclusion of the investigation.

Lawyer Leonardo Gagno stated that the Public Prosecutor’s Office’s decision was very prudent, as there is evidence that needs to be gathered so that the prosecutor can comment on the future of the investigation.

The report of The Gazette tries to contact the lawyers for the dead retiree’s family.

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